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Constructive discharge + claim under SS970

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mandril

Junior Member
What is the name of your state?What is the name of your state? California.

4 months ago, I was hired and compeled to move to a different part of the state for a high level job at a public company. A relocation package including payments, bonus, etc were paid to me to do compel me to move to which I signed documents stating that I would return this compensation if I were to leave voluntarily before 24 months. Soon after my arrival, I realized that the job was substantially different, resourses were not available to allow me to do the job and my job function was completely different contrary to the descriptions of the job (which was supposed to be similar to my previous job functions). After 1 month, I indicated and documented to my boss that this was not the job described to me and it was substantially different including the lack of resources. In addition, 8 weeks after the start I indicated this to my boss's boss and was told to be patient. My health deteriorated and stress related symptoms started which after doctor's consultation and tests (blood, etc) I communicated (by e-mail) to my boss that I was experiencing stress related issues due to doing a different job which I was not expected to do. Nothing was done. Finally a few weeks ago, I wrote a letter which indicated that due to the situation and misrepresentations, I thought it was best if I would leave the company. I was asked to stay until DEC which I agreed as a professional courtesy. 2 weeks later and before December, I received a message from HR indicating that I had to pay all the money given to me as I was voluntarily resigning. I indicated I was leaving because my job function was not what I was told and I would have never accepted this job had I know what I know now. After this, I decided it was best to leave immediately.

My question is: Can I claim constructive discharge based on doing a substantially different job than described during the hiring process and not having resources to do my job to prevent repayment of the relocation package.
Furthermore, do I have any remedies for their lack of response on my stress related issues
Finally, Could I have a reasonable case for a claim under California labor code 970 or for any other statute.

Thank you
 


mlane58

Senior Member
Nothing in your post remotely suggests Constructive Discharge.

Constructive discharge occurs when an employer imposes intolerable working conditions that foreseeably would compel a reasonable employee to quit, whether or not the employer specifically intended to force the employee’s resignation. Employee is entitled to remedies as if terminated. Constructive discharge can mean prohibited harassment or discriminatory/retaliatory working assignments or conditions.

You have no claim to anything from what I read.
 

Beth3

Senior Member
Can I claim constructive discharge based on doing a substantially different job than described during the hiring process and not having resources to do my job to prevent repayment of the relocation package. No. Constructive discharge is not actionable in and of itself. The underlying issue must be a prohibited one, such as your working conditions were made truly intolerable because of your age/race/religion/gender/etc.

Furthermore, do I have any remedies for their lack of response on my stress related issues You can file a worker's comp claim and see if that flies. Be advised though that stress related WC claims are very difficult to establish.

You may wish to speak with an attorney to see if an argument can be made that the employer engaged in deceptive hiring practices but that's undoubtedly a stretch. You'd have to prove that the employer purposefully misrepresented the job to you in order to induce you to accept the position.
 

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